In Re the Appraisal for Taxation of the Estate of Houdayer
New York Court of Appeals
Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, made April 10, 1896, which reversed an order of the surrogate of the county of Hew York, affirming an appraisal of property under the Transfer Tax Act (Chap. 399, Laws of 1892). The facts, so far as material, are stated in the opinions.
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Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, made April 10, 1896, which reversed an order of the surrogate of the county of Hew York, affirming an appraisal of property under the Transfer Tax Act (Chap. 399, Laws of 1892). The facts, so far as material, are stated in the opinions. The money on deposit in the trust company was property subject to taxation under the act whether treated as “ money ” or a “ thing in action,” a claim by the representatives of decedent against and an obligation of the trust company. (1 R. S. chap. 13, § 1; Laws…
1Opinion of the CourtVann, J.
On' the 21st of May, 1895, John F. Houdayer died inféstate at Trenton, Hew Jersey, where he had resided for a number of years. In 1876 he opened an account with the Farmers’ Loan and Trust Company, of the city of Hew York, as trustee under the will of Edward Husson. deceased. in which he made deposits, from time to time, of moneys belonging to the trust estate, as well as moneys belonging to himself. This continued as an open running account until his death, when the balance on hand was the sum of $73,715, of which $2,000 belonged to him as trustee, and the remainder to himself as an…
2Cases cited1 opinion
- Matter of Estate of RomaineNew York Court of Appeals · 1891
3Cited by63 opinions
- Blackstone v. MillerSupreme Court of the United States · 1903
- Eidman v. MartinezSupreme Court of the United States · 1902
- People Ex Rel. Hatch v. . ReardonNew York Court of Appeals · 1906
- Sokoloff v. National City BankNew York Court of Appeals · 1924
- Callahan v. WoodbridgeMassachusetts Supreme Judicial Court · 1898
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